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… and the special policy, both of which satisfy New Jersey’s compulsory insurance requirements. In this case, the Court … of [N.J.S.A. 39:6B-1(a)] or [N.J.S.A. 39:6A-3].” GEICO then points to N.J.S.A. 39:6A-3, which now states that, “[e]xcept … two arguments in support of AAA’s position. First, it points to the first sentence, where “the legislature …
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… indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The … and Matthew R. Marotta, on the briefs). Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for … indigent when he entered his 1994 guilty plea. The State points out that an “indigent defendant” entitled to the …
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… appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … 17:33A-7(a). The IFPA does not set forth equitable remedies for private-party insurance actions, but that does not preclude insurance companies from seeking equitable remedies available at common law. Like the Consumer Fraud Act, …
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… aggravated criminal sexual contact for acts he allegedly committed between September and November 1999, while serving … the State agreed to dismiss the remaining charges and recommend a sentence of time served. During the plea hearing, … was implied by defendant’s unequivocal assertion that he committed child abuse by using language that tended to …
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… of Operating Engineers, Local 68 (Local 68); for Belmar the Communications Workers of America, AFL-CIO (CWA); and, for … each municipality obtained approval from the Civil Service Commission (Commission) for a layoff plan. Keyport’s plan called for the …
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… supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … that, had the jury been properly instructed, the outcome of the trial would have been different. Since the trial … retroactively on collateral review, such as on PCR. It points out that the Court in Moore “made the broad …
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… protruding from the center console. Bryant then heard a commotion and realized defendant was attempting to flee. … investigatory stop and protective sweep of the passenger compartment of the van were valid. 1. Appellate review of a … to justify a limited vehicle protective frisk. The State points to the recent United States Supreme Court decision in …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question … and to address the court and the jury at appropriate points in the trial.’” State v. DuBois, 189 N.J. 454, 466 …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson leaning against an upraised porch on the Omega Community Center’s private property. In a window looking out … ‘trespassing’ denote different types of conduct.” Gibson points out that “‘loitering’ is commonly understood to mean …
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… expert concluded that defendants’ inspectors had properly complied with NFPA 25, which did not require them to … care, a standard that requires precautions beyond compliance with NFPA 25. He concluded that defendants’ … FireMaster. The Appellate Division reversed, finding that compliance with safety regulations, such as NFPA 25, was not …
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… and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. … continued detention was unreasonable. Once a detention becomes unreasonable, a de facto arrest occurs, requiring that …
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… v. Kelvin Williams (A-8-12) (071306) [Note: This is a companion case to State v. Christopher Dekowski, also filed … a real bomb affixed to his neck and torso. United States v. Diehl- Armstrong, 739 F. Supp. 2d 786, 788 (W.D. Pa. 2010), … neck and torso set to explode -- and tragically, it did. Diehl-Armstrong, supra, 739 F. Supp. 2d at 788. 25 In this …
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… NOT FOR PUBLICATION WITHOUT THE WRITTEN APPROVAL OF THE COMMITTEE ON OPINIONS EAST NEWARK TOWNE CENTER, LLC, and … LLC ("ENTC"), and Efstahio Valiotis, a principal of ENTC, complaint. (See Df.'s Ex 1, ,i 2-4). The defendant also … of the Redevelopment Plan, including preparation of studies, reports, and for planning and legal professionals. * * …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … access to those neighboring properties. In fact, 680 LLC points out that it had to obtain Court orders from this … necessary can be accomplished by some less onerous expedient.” Id. Coty argues that a receiver is necessary to …
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… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … for the K.A. charge 3 occurred after the trial judge completed his instructions but made no mention of reasonable … basis in the evidence to support the instruction. Defendant points out that defense counsel asked the court to instruct …
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… time, concerns a family embroiled in a litigation that commenced 15 years ago. The Court provided an extensive and … discretion to consider such statutory and equitable remedies as may be appropriate to this setting.” Id. at 383-84. … appropriate, after which it would reconsider possible remedies. The accounting revealed plenty about what transpired …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS STEADFAST INSURANCE COMPANY and IRONSHORE SPECIALTY INSURANCE COMPANY, Plaintiffs, v. ADMIRAL INSURANCE COMPANY, …
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… RPMS began to invoice Heritage for management services, computed as the hourly rates of RPMS's employees for … that RPMS's markup of thirty- five percent was rather low compared to standard business practice, and he believed … reformation applied to the leases as extended. Plaintiff points out that the judge awarded monetary damages as a …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … below, is not credible. Further, as the City correctly points out, a condominium owner’s rights are subject to the … appraisal and legal fees, financing costs such as interest, points, fees or service charges paid on construction loans, …
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… been summarized.) Sergio Rodriguez v. Raymours Furniture Company, Inc. (A-27-14) (074603) Argued December 1, 2015 -- … (DCR). Although the LAD has private and administrative remedies, election of either statutorily created course of … of encouraging discrimination-free workplaces. Plaintiff points out that this Court in Montells v. Haynes, 133 N.J. …